Archive for the ‘Art Law’ Category

The Columbia Museum of Art in Columbia, SC, announces For Freedoms Town Hall: Freedom of Expression – Arts and Justice, a free event in participation with For Freedoms’ 50 State Initiative, on Monday, Sept. 24, 2018, at 6:30pm. A panel of artistic and legal experts will discuss this First Amendment right from artistic, local, and global perspectives.

A For Freedoms event at the Brooklyn Museum. Photo credit: Wyatt Gallery.

Following the panel discussion, attendees are encouraged to “talk back” with a response wall and to visit the voter registration booth to learn how their voices can be heard this November.

Featured speakers include Nikky Finney, Chad Henderson, Kathleen McDaniel, and Shaundra Young Scott, with Aparna Polavarapu serving as moderator.

Nikky Finney is the John H. Bennett, Jr. Chair in Creative Writing and Southern Letters at the University of South Carolina. She has authored four books of poetry, the last of which won the 2011 National Book Award for poetry.

Chad Henderson is the Artistic Director of Trustus Theatre in Columbia. As a professional theatre artist, he has directed dozens of professional productions at venues across South Carolina.

Kathleen McDaniel is a founding partner in the law firm of Burnette Shutt & McDaniel. She focuses on administrative and environmental law.

Shaundra Young Scott is the first African American female executive director of the ACLU of South Carolina. She concentrates on the civil liberties of individuals within the state of South Carolina, including but not limited to racial justice, criminal justice, women’s reproductive rights, voting rights, LGBTQ rights, and youth justice.

Aparna Polavarapu is a professor at the School of Law at the University of South Carolina. As part of the Rule of Law Collaborative, she focuses her research on the rule of law and human rights.

For Freedoms is a national platform for greater engagement in the arts and in civil society. Inspired by Norman Rockwell’s 1943 paintings of the four universal freedoms articulated by Franklin Delano Roosevelt in 1941—freedom of speech, freedom of worship, freedom from want, and freedom from fear—For Freedoms seeks to use art to deepen public discussions of civic issues and core values, and to clarify that citizenship in American society is deepened by participation, not by ideology. The CMA is participating in their 50 State Initiative, which models how arts institutions become civic forums for action and discussion of values, place, and patriotism during the lead-up to the midterm elections.

WASHINGTON, DC – Today, US Senators Tammy Baldwin (D-WI) and Ed Markey (D-MA) and Congressman Jerrold Nadler (D-NY) introduced legislation to level the playing field for visual artists in the United States by establishing copyright protections for their intellectual property.

“Our quality of life is improved when artists and arts organizations can make valuable contributions to our communities in Wisconsin and across the country,” said Senator Baldwin, who serves on the National Council on the Arts. “The ART Act is a commonsense measure that helps protect the intellectual property of our artists. Just as our copyright laws extend to musicians and authors to encourage their artistic creativity, they should also apply to our visual artists.”

Senator Edward J. Markey (D-MA) said, “The creativity of America’s visual artists is a currency that should be properly valued, and the ART Act ensures they are fairly compensated for their work. More than 70 other countries provide visual artists’ copyright protections for their intellectual property, and the ART Act brings the United States in line with the international community so that American artists can receive reasonable royalties when their works are sold overseas. I thank Senator Baldwin and Rep. Nadler for their partnership on this legislation that ensures we recognize these important contributors to our culture.”

“We have made great progress in the past year in building support for the ART Act, but our work is not yet done,” said Congressman Nadler (D-NY), who first introduced a version of the ART Act in 2011 and serves as the Ranking Democrat on the Courts, Intellectual Property, and Internet Subcommittee of the House Judiciary Committee. “I have spent the past year speaking directly to artists and at forums with lawyers and others who specialize in art and intellectual property issues to discuss the merits of the proposal. The idea has been embraced and endorsed by many Members of Congress, and we have discussed the legislation in formal hearings within the House Judiciary Committee. At a time when more than 70 other countries properly compensate visual artists for their work, it is time for the United States to do the same. I am proud to join Senators Baldwin and Markey in this effort to bring some small measure of fairness to American visual artists.”

Under current copyright law, visual artists – painters, sculptors, and photographers – are denied the ability to fully benefit from the success of their work over time. Unlike recording artists or publishers who, if successful, sell thousands of copies of their work and recoup a royalty from each purchase, artists sell their work only once. If they are successful, the price of their work increases but they recoup nothing if their original work is resold at a much higher price. The benefits derived from the appreciation in the price of a visual artists’ work typically accrues to collectors, auction houses, and galleries, not to the artist. In addition, United States artists are at a disadvantage in the global art market where more than 70 other countries have provided resale royalty rights for visual artists. The American Royalties, Too (ART) Act of 2015 remedies this inequity by providing a modest resale royalty right for visual artists.

The ART Act would:

· Provide a competitive resale royalty of five percent of the sales price (up to $35,000) for any work of visual art sold at auction for $5,000 or more.

· The resale royalty applies to any auction where the entity conducting the auction has sold at least $1 million of visual art during the previous year.

· Royalties are collected by visual artists’ copyright collecting societies who must distribute the royalties to the artists or their heirs at least four times per year.

· Allows US artists to collect resale royalties when their works are sold at auction in the EU and more than 70 other countries.

· The ART Act requires further study by the Copyright Office after five years to determine the effects of the resale royalty on the art market and whether it should be expanded to cover works sold by dealers and other art market professionals.